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Tue December 29, 2009
Bushart Claims Self-Defense
By Chris Taylor
Mayfield, KY – A judge will decide next month if a nearly three-year old Graves County reckless homicide charge is really a case of self-defense. Michael Bushart is charged with fatally shooting Michael Clapp at a home in Wingo in January 2007. The Paducah Sun reports Bushart's attorney has filed to dismiss the charge, arguing he had the right to shoot Clapp because of a Kentucky Revised Statue that states: anyone breaking and entering into someone's home can be presumed to be doing so with the intent to commit an unlawful action involving force or violence. The law essentially makes it easier to claim self-defense. The case is up for review January 11th and if the judge declines to dismiss the charge, Bushart's trial is set to begin February 2nd.